This blog takes an interest in issues associated with Freedom of Information (FOI) and privacy legislation in Australia. It also includes comment about open transparent and accountable government and related issues generally drawing on developments in Australia and overseas. Information contained on this site is general in nature and does not constitute legal
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Wednesday, November 07, 2012

The strange case of the ombudsman's annual report that wasn't

John Wood's account in The Canberra Times about the Freedom of Information request for the annual report completed by Allan Asher before his resignation as Ombudsman last year but not tabled in parliament deserves a wide audience, particularly the darting and weaving over the application before the Australian Information Commission ruled it must be released.

So would the record of any back and forward between the office of the Ombudsman and the minister publicly involved in his departure Gary Gray, concerning the decision to ditch Asher's version and table that of acting ombudsman, Alison Larkins.

In 28 years or so I imagine.

Wood with an FOI involvement stretching way back to the seventies and as a former Deputy Ombudsman had the wood on the office on this one, so to speak.

(Update: Markus Mannheim elsewhere in the Times raises other issues and reports this response from the minister:

Special Minister of State Gary Gray has denied he intervened to prevent the publication of Mr Asher's report. Mr Asher alleged this week the minister had interfered with
the report, but Mr Gray's office said the claim was ''completely
baseless''. ''It would be highly inappropriate for the government to seek
to influence the independent office of the Ombudsman,'' the minister's
spokesman said. ''At no time did minister Gray or his office seek to alter or
delay the ombudsman's annual report. Indeed, the only version provided
to the minister's office was [Ms Larkins's] final report, and this was
submitted in compliance with statutory requirements.'' Mr Gray's office also said if Mr Asher had evidence of
corruption in the public service, it was ''vitally important that he
refer it to the appropriate authorities as soon as possible''.

About Me

Peter Timmins is an Australian lawyer and consultant who works on FOI and privacy protection issues in Sydney, NSW. He has Arts and Laws (Honours) degrees
from the University of Sydney, and has been involved in the FOI field for 25 years.Peter is an experienced public speaker and commentator. See In the News and Testimonials, and Career Summary for more details on background and experience.